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Zoning Commission Minutes 01/20/2015
REGULAR MEETING MINUTES
Tuesday, January 20, 2015 – 7:00 P.M.
Town Hall, 302 Main Street
1st floor conference room

I.      CALL TO ORDER

        Chairman Friedmann called the meeting to order at 7:00 p.m.

II.     ROLL CALL
        Attendant Members                                       Absent Members                  Robert Friedmann, Chairman                              Geraldine Lewis, Secretary
        Madeleine Fish, Vice Chairman                                                   
           Marc Delmonico, Regular Member
        J. Colin Heffernan, Regular Member                              
           Deborah Warren, Alternate Member
        John Talbott, Alternate Member
        
        Attendant Staff
        Christina M. Costa, Zoning Enforcement Officer

        Deborah Warren was seated for Geraldine Lewis.

III.    REGULAR BUSINESS
        
A.      MINUTES

The Commission reviewed the meeting minutes of January 5, 2015.

  • CORRESPONDENCE
The Commission reviewed invoices from Branse & Willis.

IV.     CONTINUED PUBLIC HEARING

A.     Petition to Amend the Old Saybrook Zoning Regulations Section 64, Signs, in B-1, B-2, B-3, B-4, MC & SP-2 Districts to change setbacks from the street for freestanding signs and add/increase size of second freestanding signs on corner lots and allow three wall signs per tenant that may be increased to over 100 s.f. as a SPECIAL EXCEPTION for the first wall only.  
         Petitioner:  Max’s Place, LLC & 75 Old Saybrook, LLC.     
        Agent:  Attorney David M. Royston.  
        ACTION:  Close by 1/20/2015 (NLT 1/20/2015)

The Zoning Enforcement Officer advised that new text was provided late Friday afternoon and read into the record a letter from Attorney David Royston requesting the Commission consider an extension of the timeline to hold the public hearing and continue the matter to the regular meeting of February 2, 2015.
 
Motion to accept the request for extension of the timeline to hold the public hearing and continue the petition to amend the Old Saybrook Zoning Regulations section 64, Signs to the February 2, 2015 Zoning Commission meeting. MADE: R.Friedmann. SECONDED: D. Warren. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, J. Heffernan & D. Warren.  ABSTAINING:  None. OPPOSED: None. APPROVED: 5-0-0.

V.        PUBLIC HEARINGS

Motion to amend the order of the agenda to hear public hearing B. Saybrook Auto Barn before public hearing A. Indigo Properties.  MADE:  M. Fish. SECONDED: R. Friedmann. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, J. Heffernan & D. Warren.  ABSTAINING: None. OPPOSED: None. APPROVED: 5-0-0.


B.  “Saybrook Auto Barn” Application for Special Exception Permit for a conversion of 11,270 s.f. building for 1,400 s.f. indoor automotive sales, 2,977 s.f. garage/storage area, 1,100 s.f. manufacturing, 1,300 s.f. office, approximately 4,493 s.f. loft storage area and outdoor motor vehicle inventory sales/storage area.
300 & 342 Middlesex Turnpike, (Map 52/Lot 74 & 73-2) Gateway Business B-4 District
Applicants: Emma Grey, LLC & Grandona2, LLC,      Agent: Joseph Wren, P.E.
ACTION:  Open Public Hearing; Continue or close by 2/17/2015 (NLT 2/23/2015)

Chairman Friedmann opened the public hearing.

Joe Wren, P.E. presented a detailed overview of the project which is a combination of a motor vehicle showroom, garage, retail pepper packaging and an office/lease space. Gary Ames and Linda Grossman were present on behalf of Grandona2, LLC.

The Commission discussed food preparation/packing that is partially accessed through a garage. Joe Wren advised that the CRAHD approval permitted the food processing and that the operator of the pepper processing business is required to obtain appropriate permits from the Department of Agriculture and FDA if required.

The perimeter and front landscaping areas were discussed and determined to satisfy the requirements of the landscaping regulations as presented.  The Applicant agreed that the plans will be modified to show that curbing from near the entry drive will remain so that vehicles entering the property do not drive into the landscaped area and that curbing will be removed around the grassed area so display vehicles can be parked in the designated display area without crossing a curb.  Any cars displayed on areas that are labeled grass will remain grass and will not be changed to mulch, rock or asphalt.  The parking of cars is not permitted in the landscaping buffer areas.

Parking was discussed and the Applicant agreed to add five parking spaces to the site and will share parking with the 300 Middlesex Turnpike property.  The parking spaces in the garage area do not count towards parking calculations. Trash removal will additionally be shared with 300 Middlesex Turnpike.  The retail pepper processing business will have limited trash and will use roll away trash barrels that will be stored inside the building.  The Commission determined that a cross-easement or legal agreement was not necessary since the properties are owned by different legal entities but would be operated by the same individuals.

The lack of designated handicapped parking spaces was discussed.  Mr. Wren advised that a set of stairs was located on the front of the building and a handicapped patron will be allowed to enter from the garage area on the side to enter the building. Mr. Ames advised that the Applicant would be willing to install a sign to guide handicapped patrons to the garage entry.

The Commission had a lengthy discussion on the need for construction of sidewalks in this area or if an area should be designated for the construction of future sidewalks.  The Commission came to the consensus that sidewalk construction in this area had to start somewhere and that the Applicant should install sidewalks.

The Zoning Enforcement Officer confirmed that all referral responses had been received to date and a Certificate of Location for Automotive Use was granted at the ZBA meeting on January 14, 2015.

Chairman Friedmann opened the discussion to hear comments from the public. No comments from the public were received.

Motion to close the public hearing for the Saybrook Auto Barn. MADE: R.Friedmann.  SECONDED: D. Warren. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, J.Heffernan & D. Warren.  ABSTAINING:  None. OPPOSED: None.
APPROVED: 5-0-0.

Motion to APPROVE “Saybrook Auto Barn” Application for Special Exception Permit for a conversion of 11,270 s.f. building for 1,400 s.f. indoor automotive sales, 2,977 s.f. garage/storage area, 1,100 s.f. manufacturing, 1,300 s.f. office, approximately 4,493 s.f. loft storage area and outdoor motor vehicle inventory sales/storage area.300 & 342 Middlesex Turnpike, (Map 52/Lot 74 & 73-2) Gateway Business B-4 District. Applicants: Emma Grey, LLC & Grandona2, LLC. with the following conditions: (1)Handicapped parking must meet ADA standards (2) 5 additional parking spaces will be added to the plans.  Three in the south east corner of the property and possibly two outside the garage area. (3) The pre-existing non-conforming roof sign may be replaced as long as it is no larger than 30 s.f. (4) All sign illumination will be placed on a timer to shut off no later than 1 hour after the close of business.  (5)The land under the vehicle display areas that are grass will remain grass and will not be switched to mulch, rock or other impervious surface. (6)Vehicle display area will be revised on the plan and no parking is permitted in the landscaped areas. (7) Curbing surrounding the 25 foot landscaping buffer will not be removed in the area of the driveway entry and only will be removed on the interior portion of the property for display vehicles to access the grassed display area. (8) A sidewalk will be installed within the State ROW and will meet all Town sidewalk specifications. (9)Roll away trash containers will be stored indoors. (10) No exterior lighting, pole lights or outdoor speakers are proposed and are no approved as part of this application MADE: R.Friedmann.  SECONDED: M. Delmonico. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico and D. Warren.  ABSTAINING: None OPPOSED: None. APPROVED: 5-0-0.

A.   “Indigo Properties, LLC”  Application for Special Exception Permit for a 2,915 s.f. Professional Office Building including 1,200 s.f. building expansion and covered porch, 40 Elm Street (Map 36/Lot 109) Central Business B-1 District, Pedestrian Node
Applicant: Indigo Properties, LLC, Agent: Joseph Wren, P.E.
ACTION:  Open Public Hearing; Continue or close by 2/17/2015 (NLT 2/23/2015)

Chairman Friedmann opened the public hearing.

Joe Wren, P.E. presented a detailed overview of the project to demolish the building and add construct a new two story building on the existing foundation with a porch.  The first floor will be office/lease space and the second floor will be an engineering office.  Mr. Wren advised that he spoke with the owners of the adjacent Dunkin Donuts property about continuing the sidewalk around the corner over their property to avoid utilities and the property owners declined. Mr. Wren also put a call in to the owners of the adjacent office building on Elm Street to see if shared parking between the properties would be acceptable.  He is waiting for a call back.

Exterior lighting is not being proposed as a part of the application.  A full cut off wall mounted light may be installed on the rear of the building for safety.

The Zoning Enforcement Officer expressed concern that the application materials stated the building would be renovated and added on to.  This was what was advertised in the legal notice and the ZEO suggested that a new legal ad should be placed since the Applicant has recently changed the proposal to demolish the building.

Robert Friedmann expressed concerns regarding the calculation of gross floor area as it relates to parking.  The wraparound porch was excluded from the gross floor area calculation and the parking is less than what is required.  

The Commission discussed stacked parking, shared parking, variances, reduction in building size and other alternatives to accommodate the required amount of parking spaces.

The Applicant and Zoning Enforcement Officer reported that all referral responses had been received to date. A new plan was provided by the Applicant reflecting comments made in referral responses.

Chairman Friedmann opened the discussion to hear comments from the public. No comments from the public.

The Applicant and the Commission came to the consensus that the matter should be continued so that the parking discrepancy can be addressed and to advertise a new legal notice reflecting that the building will be demolished.

Motion to continue the public hearing for Indigo Properties, LLC.to February 17, 2015. MADE: R.Friedmann.  SECONDED: M. Delmonico. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, J. Heffernan & D. Warren ABSTAINING:  OPPOSED: None. APPROVED: 5-0-0.

VI.     COMMITTEE, REPRESENTATIVE  & STAFF REPORTS

Christina Costa, Zoning Enforcement Officer reported on the following:

  • Max’s Place Spencer Plain Road/Boston Post Road – Progress has continued on working out final project details with the Max’s Place team. The ZEO reported that Max’s Place will be requesting a Minor Modification to their Special Exception Permit in the near future.
  • Accessory Apartment Renewals - 43 apartments were renewed for  2015-2019.  2 property owners have not responded. 1 property is under foreclosure and the 2nd will receive a final letter with a deadline stating the apartment will no longer be valid.  1 apartment was abandoned.
  • Annual Sign Enforcement – Following up from the last meeting, approximately 50 letters were prepared and will be sent this week to remind real estate agents about the sign regulations for residential and commercial real estate signs.  Letters will additionally be sent to sign companies and merchants associations reminding them to revisit Section 64 of the Zoning Regulations to avoid the issuance of violation notices. The ZEO will continue to issue both Cease & Desist Orders and friendly reminders to remove illegal signs in Town. No annual sign education meeting will be held this year.
  • Zoning Regulation Fixes – As a follow up to a discussion in December, the ZEO revisited possible amendments to the Open Space Subdivision Regulations to expand the opportunity for well water.  While reviewing the draft amendments, Attorney Branse discovered that additional language in the Regulations has recently become outdated and will also need to be fixed. Attorney Branse will be sending the ZC & PC a memorandum regarding changes that need to be made.  The ZEO will hold on preparation of the proposed amendments until the ZC has a chance to review the memo.
  • Mariner’s Way – The ZEO reported that Land Use Staff and Attorney Branse had their first meeting with the Economic Development Commission to start brainstorming possible Zoning Regulation Amendments to accommodate the Mariner’s Way plan. Land Use Staff will continue to work with EDC over the next several months.
  • 899 Boston Post Road, LLC v. OSZC -  The Petition for Cert to Appeal was denied by the Superior Court.  The ZEO and Attorney Willis are hopeful that this may conclude this legal matter.
  • 426 Boston Post Road – The ZEO advised of a proposed retail fence company to locate at the former Sconto’s Garden Center property.  Fence display will be enclosed in the previous garden display area and the project is consistent with the previously approved site plan.
VII.    ADJOURNMENT

Motion to adjourn the meeting at 10;14 p.m. to the next regularly scheduled meeting on Monday, February 2, 2015 at 7:00 p.m. at the Town Hall 1st Floor Conference Room, 301 Main Street, Old Saybrook. MADE: R. Friedmann.  SECONDED: M. Delmonico. VOTING IN FAVOR: R. Friedmann, M. Fish, M. Delmonico, J. Heffernan & D. Warren  ABSTAINING:  OPPOSED: None. APPROVED: 5-0-0.

Respectfully Submitted,



Christina M. Costa, CZEO
Acting Clerk